OPINION ON OPERATIONS OF SPECIAL SERVICES IN POLAND

We prepared a legal opinion for a leading foreign law firm concerning the verification of assessments by the Polish Internal Security Agency (ABW) of applications for temporary stay and work permits in Poland. The opinion included guidelines for the procedure of verification of foreigners, in particular Russian citizens, applying for temporary residence and work permits.

EXTRADITION OF A RUSSIAN NATIONAL

We defended a Russian national, a former banker, accused of embezzlement and threatened with extradition by the Russian authorities. Our client’s situation was peculiar due to the political background of the case and the religious denomination of the wanted person, which is considered extremist in Russia. After analysing the reports of human rights organisations, there were serious doubts as to whether he could expect a fair trial if extradited to the Russian Federation. Our lawyers convinced the Polish courts that this extradition would be contrary to the European Convention on Extradition and that deportation to the Russian Federation was therefore legally inadmissible. It was an international project. We worked with law firms in the US, Austria, Russia and the UK. The case was widely reported in the world media.

INTERDISCIPLINARY ADVISORY SERVICES FOR AN INTERNATIONAL INVESTMENT FUND

We advised investors operating on the Polish real estate market through a foreign company. They sought our assistance in a case involving actions detrimental to the fund. The structure created by our clients, amont others, managed an investment fund worth EUR 22,5 million. The case concerned actions to the detriment of the Fund carried out by partners who, by deliberately creating debts of companies managed by the Fund, transferred all assets from the Fund, resulting in a loss of the value of the Fund, which was originally estimated at EUR 22,5 million. Our firm advised both in civil proceedings pending in the UK against the perpetrators and in criminal proceedings brought in Poland in connection with the perpetrators’ activities.

REPEAL OF THE RULING TO DISCONTINUE PROCEEDINGS

We assisted a foreign client acting on behalf of a family member who had been the victim of fraud. The case concerned the sale of a property which, being located in one of Poland’s most popular holiday resorts, had a significant impact on the local economy and the value of the loss was in excess of €9 million. The client approached our firm after the proceedings had been discontinued. An appeal by our firm persuaded the court to overturn the decision to discontinue the case and the case was returned to the prosecutor for further proceedings.

BRINGING CHARGES AGAINST CRIMINALS

We represented the heir of one of Poland’s best-known millionaire families, permanently resident outside Poland, as the aggrieved party in a series of criminal proceedings relating to mismanagement, fraud, embezzlement, money laundering or the use of false documents. The cases required comprehensive legal knowledge and quick action in order to prevent potential losses to the client’s assets. One of the successes in these proceedings was obtaining a favourable decision on a charge of preventing the satisfaction of creditors.

THE COURT REFUSED TO ARREST OUR CLIENT

We defended a client – a businessman and former senator – who was detained on charges of extorting tens of millions of zlotys from the State Fund for the Rehabilitation of the Disabled (PFRON) and the Social Insurance Institution (ZUS). The prosecution requested detention on remand in connection with these charges. Following our appeal against this decision, the court refused to arrest our client after concluding that the charges were unfounded. This was a huge success, especially as statistics show that 94% of pre-trial detention requests are granted by the courts. The case was widely reported in the media.

CASE WE WON BEFORE THE SUPREME COURT

We defended a business person who was a partner and vice-president of one of the fastest growing companies in the power sector performing contracts for strategic state-owned companies. Our client was accused of credit fraud. He was charged with a number of serious crimes and sentenced to 2 years in prison, and also banned from seating on management boards or supervisory boards for 5 years. The judgment, very unfavorable to our client, was overturned and the case was returned to the court of first instance for a new trial.